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Jo C.
Jo C., Barrister
Category: UK Traffic Law
Satisfied Customers: 64364
Experience:  Over 5 years in practice.
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hi my name jamie read age 23 back in December i was taken to

Customer Question

hi my name jamie XXXX age 23 back in December i was taken to court and given a 6 points and a 370 pound fine for driving with no insurance i went to hand my license in when they said u need both parts i lost my card part.i was made to fill in a d1 application forum sent the off and waited in April 2013 i was stopped by the police for not wearing a seat belt then sent on my way i got to my girlfriends house and 30 min later the cops were back to tell me i had my license revoked by the dvla bk in January the next i rang dvla to confirm this and the same day sent a new d1 application off now am being taken to court and i dont know why any help/advice would be great

Submitted: 1 year ago.
Category: UK Traffic Law
Expert:  Jo C. replied 1 year ago.
Hi

Thank you for your question and welcome to Just Answer. My name is XXXXX XXXXX I will try to help with this.

What would you like to know about this?
Customer: replied 1 year ago.

FOR JOMO1972 wot will happen to me in court

Customer: replied 1 year ago.

FOR JOMO1972 wot will happen to me in court


Expert:  Jo C. replied 1 year ago.
How long have you been driving please?
Customer: replied 1 year ago.

FOR JOMO1972 5 years


 

Expert:  Jo C. replied 1 year ago.
Thanks

Have you phoned the DVLA and asked why its been revoked? I imagine because you didn't hand it in but just to be sure.
Customer: replied 1 year ago.

yea spoke with them its for failing to hand it in for points but i thought some i.e the dvla were ment to inform me that they were going to revoke my license because how would i know i was committing an offense if was not informed... i dont see how i can be taken to court for committing an offense that i was unaware off under the 1988 road traffic act the person must/should be informed

Expert:  Jo C. replied 1 year ago.
Unfortunately the road traffic acts are very draconian pieces of legislation.

If it has been revoked for certain then they could prosecute you for driving without insurance and otherwise than in accordance with a licence. I realise you may be insured now but it will be invalidated by the revocation.

Driving without insurance carries 6 points. The no licence also carries 3 but they will run that concurrently because the offences were committed at the same time.

The will also be a financial penalty.

All that said, if you go to court and explain to the prosecutor you might find they will withdraw the case on the basis that its not in the public interest. That does often happen with technical revocations. I think it can only have been that because you have been driving for five years and so are not subject to revocation as a new driver.

Unfortunately though, that would take you to 12 which would render you liable to totting and disqualification for six months. To avoid that you would have to argue exceptional hardship.

Can I clarify anything for you?

Jo
Customer: replied 1 year ago.

FOR JOMO1972 i know all of the above thanks for the reminder but!!!


 


 


Where, in pursuance of section 115 of this Act, the Secretary of State revokes a licence, he must serve notice on the holder of the licence requiring him to deliver the licence and its counterpart forthwith to the Secretary of State, and it shall be the duty of the holder of the licence to comply with the requirement.) i was not severd my notice can i argue that in court

Expert:  Jo C. replied 1 year ago.
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Customer: replied 1 year ago.

nothing thanks for your time

Expert:  Jo C. replied 1 year ago.
Unfortunately I won't be able to continue with this because you've left a negative rating.

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